The Local Agency Formation Commission (LAFCO) process of analyzing the
Proposal for Formation of the Bonny Doon Fire Protection District is
underway. The proposal has brought strong reaction from County
officials, already facing limited resources, who feel that existing
County-wide fire protection issues could be exacerbated by the creation
of the new district. Although the controversy is potentially a
serious roadblock to the creation of the new fire district, it may
serve to help improve our fire protection services in other ways. “We
have galvanized others to have a much needed conversation about
County-wide fire protection services,” says Tom Scully, Chair of the
Bonny Doon Fire Team (BDFT) board.

One of the early steps in LAFCO staff analysis of the proposal is to
solicit financial, operational, environmental, or other information
from potentially affected public agencies. At the Feb. 13 County Board
of Supervisors meeting, two key County agencies asked the Board to send
to LAFCO their initial comments, which contained numerous, strongly
worded concerns about the Bonny Doon Fire Protection District proposal.
The letters were from Gerald Dunbar, Director of County General
Services Department, and Susan Mauriello, the County Administrative
Officer, on behalf of the General Services Department, which provides
administrative support to the County Fire Department and is responsible
for the administration of the Office of Emergency Services. A second
letter was submitted by Mike Coryell, chair of the Fire Department
Advisory Commission.

The proposal is causing the County agencies to ask, “What is the best
overall structure to provide fire services in Santa Cruz County?” The
Bonny Doon proposal is the first time in 50 years that a new fire
district has been proposed in Santa Cruz County. The agencies requested
that LAFCO consider a review of the entire County fire protection
system and how a reorganization within Bonny Doon would affect everyone
inside and outside of the proposed new fire district.
One of their main concerns is how the Bonny Doon fire district would
impact the County’s financial resources for other fire districts. One
assessment is that the formation of our district would result in a
$425,000+ revenue reduction to County Fire, though the County would
save only $65,000 by not serving Bonny Doon. As a result, County Fire
has indicated that they may consider a reduction of existing services
and/or the closing of one of the existing County Fire stations.

General Services Director Dunbar’s comment letter also expresses
concern about proposed revenues and expenditures for the new fire
district. For example, he questions whether our district is prepared to
absorb the increase in fees, which could be 118%, and notes that the
County has not yet agreed to the asset transfers of the two fire
stations and four fire vehicles for $1 each on which part of the
proposal is based. He doesn’t debate that Bonny Doon residents have
contributed significantly for these through tax, donation, and
volunteer labor, but states in his letter, “[our] analysis thus far
indicates that the entire County has also contributed significantly to
the assets in Bonny Doon.”

Another area of concern is that the creation of the Bonny Doon fire
district would create non-contiguous areas of service for County Fire,
in particular isolating the Davenport area. The system is already a
“patchwork design,” according to Dunbar. “In Santa Cruz, there are 14
separate agencies providing fire services including two Cities, the
University, independent fire districts and County fire districts. These
agencies vary considerably in terms of land mass served, populations,
staff, equipment and facility resources, and budgets.” In requesting
LAFCO to perform a County-wide assessment, the hope is to address the
entire problem.

Several concerned Bonny Doon residents, including members of the
Volunteer Fire Team Board of Directors, successfully petitioned the
Board of Supervisors to take approval of the initial comment letters
off the Feb. 13 agenda so that Fire Team board members could respond,
meet with County agencies submitting the comments, and provide
additional information to ensure that the comment letters contained
factually correct information. Fire Team Chair Scully reports
that he and other Bonny Doon representatives had a successful two-hour
meeting on Feb. 15 with Dunbar and County Administrator Mauriello, who
agreed to consider rewriting and resubmitting a new comment letter at
the Feb. 27 Board of Supervisors meeting. Fire Team board members in
attendance believed that the new letter would better reflect the
realities of the situation in Bonny Doon. “We are as satisfied as
we could be with the second letter,” said Scully, who felt positive
about the meeting.

“Although County staff still express concerns about the impact the
Bonny Doon proposal will have on overall County fire services, the
overall tone is less stringent, there are fewer concerns remaining, and
factual misunderstandings have been cleared up.” The County Board of
Supervisors unanimously approved sending the revised letter to LAFCO at
their Feb. 27 meeting. For audio on proceedings and full text of
letter, including visible corrections made to the final letter, click here and see Item 64.

Upon completion of the LAFCO staff analysis, LAFCO will set this matter
for a public hearing, after which LAFCO may approve, conditionally
approve, or deny the proposed district formation. If LAFCO
approves the formation, the formation process then involves landowner
and registered voter protest opportunities, and an election in the
affected area.

“There is no losing here,” says Scully. “We’ve begun a positive
discussion. We feel confident we will increase fire and life
safety protection in Bonny Doon, which was our original goal, through
these conversations with the County and LAFCO, even if the fire
district proposal is modified.” For questions, concerns,
clarification on any related issue, contact Tom Scully at 425-1432 or
tomscully@comcast.net.

An Evening of Birds

Come join Eric Feuss from the Santa Cruz Bird Club for a presentation
at our next General Meeting March 14 on birds of the Santa Cruz
Mountains, with a special focus on Bonny Doon. Eric is the fieldtrip
coordinator for the Santa Cruz Bird Club. He has been leading
fieldtrips since 1987 and birding since his teens. Between 1994 and
2000, he was a staff and field biologist for the Institute for Bird
Population, founded by Dr. David DeSante.

Eric will treat us to beautiful slides while talking about bird
behavior, including when and where to find each species. Resident
species in this area include Cooper’s Hawk, Pileated, Hairy and Acorn
woodpeckers, Red-breasted and Pygmy nuthatches, Oak Titmouse,
California Thrasher, Wrentit, Hutton’s Vireo, Common Raven, Dark-eyed
Junco, Purple Finch, Lesser Goldfinch, Band-tailed Pigeon, and
California Quail. Breeding season (spring/summer) species include
Blue-gray Gnatcatcher, Ash-throated Flycatcher, Black-throated Gray
Warbler, Western Tanager, and possibly Yellow-rumped Warbler.
[Webmaster's note: the above bird is my favorite annual visitor: the
black-headed grosbeak.] These are just some of the birds we’ll see and
discuss on Wednesday evening, March 14. Be sure to bring your own
stories, too!

UCSC Lawsuits: One Ends, Another Begins

The ongoing legal battles against UCSC growth and environmental
degradations continued over the last two months, with one suit settled
and another initiated.

The suit over violations of the Federal Clean Water Act related state
statues brought by CLUE, the Coalition for Limiting University
Expansion, and joined by the City of Santa Cruz, was settled in late
February when UCSC agreed to establish a model Storm Water Pollution
Prevention Plan for larger construction sites. CLUE and the City had
charged that UCSC and its building contractors were creating erosion
and pollution problems from several of its construction projects, where
storm water runoff from the sites was fouling creeks and groundwater
both on and off campus. Some of the runoff was going into the Pogonip
watershed and then into the San Lorenzo River. UCSC and Devcon
Construction agreed to repair several erosion sites and prevent future
problems, and to pick up some of the legal costs for the City and CLUE.

Meanwhile, on Feb. 14, CLUE attorney Stephan Volker filed a new suit
challenging the first major project under the new UCSC Long Range
Development Plan (LRDP), the 95,000 sq. ft. Biomedical Sciences
Facility. UCSC claims the LRDP Environmental Impact Report (EIR)
is sufficient, so it doesn’t have to do one specifically for the new
Wal-Mart sized building. CLUE, the City and the County Board of
Supervisors are challenging the LRDP EIR in court and further claim the
California State Environmental Quality Act (CEQA) requires an
additional EIR for a project of this size.

The lawsuit filed last October challenging the LRDP EIR will likely be
heard in local Superior Court sometime in June or July. It is probable
that whichever side loses will appeal and that the case may go all the
way to the state Supreme Court.

Significantly, CLUE attorney Volker won a ruling on Feb. 1 in that
court in a CEQA case involving a 22,000 home project near Sacramento,
primarily on the grounds of inadequate water analysis by the developer
and failure to identify specifically the source of the water. The
argument in that case regarding water is very similar to the one
brought in the LRDP EIR suit and should greatly strengthen CLUE’s legal
position in the UCSC suit.

RBDA Board Election Results

Board elections were held at the January Annual Meeting, with 52 active
members voting. Elected were new board member Tom Hearn with 47 votes
and returning board members Ted Benhari with 50 votes, Yana Jacobs with
46 votes, and Jodi Frediani with 40 votes. Also running was Buel
Proffitt, who received 12 votes.
In recent history, board elections have had just enough candidates to
fill open positions and elections have been a relatively
straightforward process with members present at the Annual Meeting.
This was the first contested election since the passage of our new
bylaws and board members have noted several improvements they can make
for next year’s elections.
Notice of how to obtain an absentee ballot will be put in the
November/December Highlander so that members have sufficient time to
request and return their ballots. This issue will also remind members
that votes cannot be placed by proxy and encourage anyone who won’t be
present at the January meeting to obtain an absentee ballot instead.

Only members in good standing (dues paid within 30 days of the meeting,
or people whose membership lapsed within 30 days of the meeting and who
pay their dues by the meeting date) are eligible to vote in the
election. The board is considering ways to simplify tracking,
notifying, and renewing membership dues to avoid any last-minute
confusion and ensure maximum possible participation in future elections.

Finally, to support well-informed voting, ballots will only be accepted
after candidates have had a chance to answer all questions from members.

Cemex Blows Off Air Pollution Risk Assessment Deadline

In 2004, an emissions inventory screening process required by the
Monterey Bay Unified Air Pollution Control District (Air District)
indicated that a potential for health risk may exist from the Cemex
Davenport cement plant. Excessive CO missions from the stack,
indicating incomplete combustion, prompted the Air District to ask for
a “first cut” risk assessment calculation. The Air District monitors,
regulates and enforces Federal and State Clean Air Act requirements.

The “first cut” prioritization scores from the stack only were a Cancer
Risk score of 58, Acute Health Effects score of 21, and Chronic Health
Effects score of 34. In response to the findings (any score above 10
automatically triggers a further assessment), the Air District required
that Cemex conduct a risk assessment that would identify carcinogens
and chronically and acutely toxic substances. That analysis is a
complicated process. Cemex obtained several extensions from the Air
District but missed their submission deadline on Feb. 15.

As of press time, we don’t know what the risk assessment will reveal,
and it is unexplained why Cemex missed the deadline or whether they
will be penalized by the Air District. It isn’t the first time the
plant has failed to comply with monitoring and reporting requirements.

Little is known about how far pollutants are carried on the prevailing
winds. Once the risk assessment is completed, it will identify whether
there are significant risks from carcinogens and chronically and
acutely toxic substances. The methodology will be checked by the
State’s Office of Environmental Health Hazard Assessment which examines
exposure levels for carcinogens under the Air Toxic Hot Spots program.
If the risk assessment indicates significant risks then a plan will be
required to reduce risks to the level set by the District Board (10
parts per million cancer risk, and no acute and chronic adverse health
effects).

The Davenport plant is not the only Cemex operation with pollution
problems. On Dec. 22, 2006, as a result of major ongoing air
quality violations, Cemex’s cement manufacturing operation in Lyons,
Colorado, agreed to pay $1.5 million in penalties which included
funding for environmentally beneficial mitigation projects. Regulators
also required the installation of monitoring equipment.

If comparable action were to be taken by our Air District, benefits to
local residents might include upgrades to emission reduction equipment,
which could include a system to alert them to pollutant discharges in a
more timely fashion. Environmental mitigation measures might include
improvements to fish habitat on Cemex property along San Vicente Creek,
curtailing timber harvests or financing upgrades to Davenport’s water
treatment plant. These benefits are speculation at this stage.
Ultimately, decisions will be made in a public process if a reduction
plan is required. When it is finished it should lead to more than the
current offer of coupons for a free car wash for Davenport
residents‹hopefully to some reduction in the discharge of tons of
carbon dioxide that the plant contributes to our global warming
problem. Nationwide, coalitions are forming to fight pollution
problems at Cemex mining and cement manufacturing operations in various
states across the country. With the pending release of the plant’s risk
assessment and the Bonny Doon limestone quarry expansion EIR, perhaps
it is time for Cemex to include Bonny Dooners in its local Citizen’s
Liaison Committee.

After years of fighting the County over permits and losing a legal
battle in the Appeals Court, Cemex is anxious to advance the quarry
expansion application because of dwindling limestone supplies. Except
when startled by a distant explosion or annoyed by equipment backup
alert beeps, few residents outside the vicinity of the quarry are
impacted by its operation. Opened in 1969, the quarry extracts
1.3 million tons a year of Bonny Doon rock that is formed into
structures ranging from the Bay Bridge to your home’s foundation. The
process of manufacturing cement from our shale and limestone is the
origin of a $7 million dollar payroll for 125 jobs, and donations to
local schools. Extractive industries of this scale have inevitable
environmental impacts and so does the manufacturing process.
Davenport is no longer the gray and gritty town it was in the decades
before the ‘70s but dust from material handling operations and
discharges from the cement plant smokestacks still blow far and wide on
the prevailing coastal winds.

Membership Approves Dues Increase

A proposal to increase membership dues from $20 from $15 was proposed
and passed at the Annual Meeting in January. The board proposed the
dues increase to prevent budget problems projected for later this year.
The proposal passed nearly unanimously, with only one vote against. The
new dues rate goes into effect immediately.

The one dissenting member explained that the nay vote was cast out of
need for additional information on RBDA income and expenses. As a
result of this request, the board will provide a summary of income and
expenses annually. New RBDA Treasurer Tom Hearn made it his first
duty to summarize the RBDA treasury for the calendar year 2006. A quick
look at the cash flow for the year shows the trends that had board
members concerned. The treasury started out with a balance of $1648 and
ended the year down over $300, with a final balance of $1304. The
expenses for the year totaled $2775, with income from dues falling
short of expenses by over $300 at $2431.

Expenses are in the following categories and amounts: Highlander
printing $1450, postal expenses $400, annual rental of the school $240
and liability insurance $685.

In addition to raising the dues, the board is considering new ways to manage membership renewals and increase new membership.

RBDA Gets Ready to Celebrate 50th Anniversary

The RBDA Board has begun planning for summer festivities to celebrate
the 50th anniversary of the RBDA. Founded in 1957, this community
organization has been working to preserve the beauty and rural quality
of Bonny Doon and providing an essential voice to County, State, and
Federal government about our unique needs.

We are planning a summer afternoon or evening of food, drink,
entertainment by local musicians and story telling from new and old
Bonny Dooners. We are currently looking for a location to host the
community event and volunteers to help plan. Board member Yana Jacobs
has volunteered to lead event planning.

If you are interested in creating a fun community social event, contact her at 423-9193, yanajacobs@gmail.com.

Bonny Doon's voice in preserving our special quality of life,
The Highlander, is mailed free to Bonny Doon residents prior to the
RBDA General Meetings, which are usually held on second Wednesdays
of
January, March, May, July, September and November.
We encourage you to participate.

Send mail correspondence to the Highlander Editor at the above
address,
or by email, below.